Judicial Decision Making Analysis Research Paper

Judicial Decision Making Analysis - Research Paper Example The West Virginia State School Board v Barnette is a case in point. The Supreme Court had ruled that states cannot compel students to salute the American flag. No punitive action whatsoever could be taken either against the students concerned or their parents/guardians. In fact, it was an overruling of an earlier decision in Minersville School District v Gobitis. â€Å"The very purpose of the Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials† (as cited in West Virginia State Board of Education v. Barnette, 319 U.S. 624, 1943). The court decreed that it was essential to keep such subjects outside the influence of majorities so that numerical strength by way of legislation would not trample the rights of minorities. Similarly, administrative orders and decisions were open to arbitrary interpretations on the part of officials. These were not all-encompassing and were rigidly e nforced. Such decisions always left people with grievances. Legal Subculture Every profession breeds its own culture within the over-arching culture of a place. While culture by itself is a relative term, a similar work atmosphere creates common conditions which lead to common aspirations and also a common world view. Hence, a legal subculture develops which comprises all those involved in the judicial process. These include legal practitioners, students of law and the administrative support personnel involved. A prolonged interaction with law makes even the seekers of justice imbibe the nuances of law. Such seekers are known to become comfortable with legal jargon, which is derisively known as ‘legalese’ in common parlance. Hence, the influence of legal subculture on those who practise it is even greater. There is a constant exchange of ideas between people of the same profession which is also the case here. What prompted the ruling in this case (or the overruling of t he Minersville case) is also the effect of the legal subculture to an extent. No decision can be taken in isolation. Human factors when coupled with people in a similar environment lead to such rulings. That the earlier decision had been overturned shows the influence of the public on the legal sub-culture in this case. The figure six-to-three for the ruling was not arrived at the spur of the moment. It was only due to deliberations among the various judges that resulted in this ruling. The sub-culture is primarily responsible for the exchange of ideas among the Justices in this context. It must also be remembered that the three dissensions are also due to the same sub-culture which allows divergent views to manifest and coexist with the majority views. Judicial Background The Gobitis case had had a profound influence over the Barnette case. It can be said that it was a curtain raiser to what unfolded three years later. There had been a review by the judges examining the Barnette ca se in the light of the previous ruling. The court ruled that compelling school children to salute the flag was unconstitutional.   Ã¢â‚¬Å"The Court found that such a salute was a form of utterance and was a means of communicating ideas  Ã¢â‚¬Å" (The Oyez Project at IIT Chicago, Kent College of Law). The compulsory flag salute was in violation of the First Amendment which